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Rights of Children and Young Persons (Wales) Measure 2011

2011 nawm 2

A MEASURE of the National Assembly for Wales to make provision for and in connection with giving further effect in Wales to the rights and obligations set out in the United Nations Convention on the Rights of the Child; and for connected purposes.

This Measure, passed by the National Assembly for Wales on 18 January 2011 and approved by Her Majesty in Council on 16 March 2011, enacts the following provisions:—

1Duty to have due regard to Convention on the Rights of the Child

(1)From the beginning of May 2014, the Welsh Ministers must, when exercising any of their functions, have due regard to the requirements of—

(a)Part I of the Convention,

(b)articles 1 to 7 of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, except article 6(2), and

(c)articles 1 to 10 of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.

(2)From the beginning of May 2012 until the end of April 2014, the Welsh Ministers must, in making any decision which falls within subsection (3), have due regard to the requirements of Part I of the Convention and the Protocols.

(3)A decision falls within this subsection if it is a decision about any of the following—

(a)provision proposed to be included in an enactment;

(b)formulation of a new policy;

(c)a review of or change to an existing policy.

(4)References in this Measure to the Welsh Ministers' duty under this section are—

(a)from the beginning of May 2012 until the end of April 2014, to the duty in subsection (2); and

(b)from the beginning of May 2014, to the duty in subsection (1).

(5)This section applies to the First Minister as to the Welsh Ministers (and any reference in this Measure to the duty under this section is to be read accordingly).

2The children’s scheme

(1)The Welsh Ministers must make a scheme (“the children’s scheme”) setting out the arrangements they have made, or propose to make, for the purpose of securing compliance with the duty under section 1.

(2)The scheme may—

(a)require the Welsh Ministers to publish reports on the operation of the scheme or on any other matter mentioned in it (in addition to the reports required under section 4(1)), and

(b)specify matters which must be included in such reports or in reports under section 4(1).

(3)The scheme may contain such other matters as the Welsh Ministers consider appropriate.

(4)The Welsh Ministers must, within six months of the Committee making any suggestion or general recommendation under article 45(d) based on a UK report, consider whether to revise or remake the scheme in the light of that suggestion or recommendation.

(5)The Welsh Ministers may revise or remake the scheme at any time.

(6)In this section—

(a)“the Committee” means the Committee on the Rights of the Child established under article 43(1);

(b)“UK report” means a report submitted by the United Kingdom under article 44(1)(b); and

(c)any reference to an article is a reference to that article of the Convention.

3Preparation and publication of the scheme

(1)In preparing, remaking or revising the children’s scheme, the Welsh Ministers must have regard to—

(a)any report of the Committee under article 44(5) or study undertaken under article 45(c);

(b)any other reports, suggestions, general recommendations or other documents issued by the Committee relating to the implementation of the Convention or the Protocols by the United Kingdom.

(2)In preparing, remaking or revising the children’s scheme, the Welsh Ministers may have regard to any other documents (whether or not issued by the Committee) and to any other matters which they consider to be relevant.

(3)Before making, remaking or revising the children’s scheme, the Welsh Ministers must publish a draft of—

(a)the scheme, or

(b)where they intend to revise the scheme, either the revisions or the scheme as revised.

(4)In preparing a draft to be published under subsection (3), the Welsh Ministers must ensure that—

(a)children and young persons,

(b)the Children’s Commissioner for Wales, and

(c)such other persons or bodies as the Welsh Ministers consider appropriate,

are involved in the preparation of the draft.

(5)Before making, remaking or revising the children’s scheme, the Welsh Ministers must consult the following persons on the draft published under subsection (3)—

(a)children and young persons,

(b)the Children’s Commissioner for Wales, and

(c)such other persons or bodies as the Welsh Ministers consider appropriate.

(6)The Welsh Ministers must not make, remake or revise the children’s scheme unless a draft of—

(a)the scheme, or

(b)where they intend to revise the scheme, either the revisions or the scheme as revised,

has been laid before, and approved by a resolution of, the Assembly.

(7)The Welsh Ministers must lay a draft of the scheme before the Assembly (in accordance with subsection (6)(a)) on or before 31 March 2012.

(8)The Welsh Ministers must publish the children’s scheme when they make it and whenever they remake it; and, if they revise the scheme without remaking it, they must publish either the revisions or the scheme as revised (as they consider appropriate).

(9)If the Welsh Ministers publish a scheme or revisions under subsection (8) they must lay a copy of the scheme or revisions before the Assembly.

(10)In this section—

(a)“the Committee” means the Committee on the Rights of the Child established under article 43(1); and

(b)any reference to an article is a reference to that article of the Convention.

4Reports

(1)The Welsh Ministers must—

(a)on or before 31 January 2013, and

(b)at or before the end of each succeeding period of five years, or of such other length as may be specified in the children’s scheme,

publish a report on how they and the First Minister have complied with the duty under section 1.

(2)The Welsh Ministers must publish such other reports as may be required in pursuance of section 2(2)(a).

(3)The Welsh Ministers must lay before the Assembly a copy of each report published under subsection (1) or (2).

5Duty to promote knowledge of the Convention

The Welsh Ministers must take such steps as are appropriate to promote knowledge and understanding amongst the public (including children) of the Convention and the Protocols.

6Power to amend legislation etc

(1)This section applies if a report published under section 4(1) or (2) concludes that it would be desirable, for the purpose of giving further or better effect to the rights and obligations set out in Part I of the Convention and the Protocols, to amend an enactment or prerogative instrument.

(2)The Welsh Ministers may by order make such amendments of that enactment or instrument as they consider appropriate in the light of the report.

(3)But the Welsh Ministers may not make an order under subsection (2) unless the provision made by the order would be within the legislative competence for the time being of the Assembly.

(4)Before making an order under subsection (2) the Welsh Ministers must consult such persons or bodies as they consider appropriate.

7Application to young persons

(1)The Welsh Ministers must consider whether and (if so) to what extent and with what amendments—

(a)the requirements of Part I of the Convention and the Protocols may be relevant to young persons, and

(b)the provisions of this Measure may be applied in relation to young persons.

(2)The children’s scheme must (when first made) include a statement of the Welsh Ministers' proposals to consult on the matters mentioned in subsection (1).

(3)The Welsh Ministers may, when consulting on the matters mentioned in subsection (1), consult on any other matter relating to young persons that they consider appropriate.

(4)The Welsh Ministers must publish a report of their conclusions under subsection (1).

(5)The Welsh Ministers must lay before the Assembly a copy of any report published under subsection (4).

(6)The Welsh Ministers may by order—

(a)apply any provision of this Measure in relation to young persons;

(b)make such other provision as they consider appropriate for giving effect, in relation to young persons, to any of the requirements of Part I of the Convention and the Protocols.

(7)An order under subsection (6)(a) may make such modifications of the provisions applied by it as the Welsh Ministers consider appropriate.

(8)Before making an order under subsection (6) the Welsh Ministers must—

(a)publish a draft of the order, and

(b)consult such persons or bodies as they consider appropriate on the draft.

8The Convention on the Rights of the Child

(1)In this Measure—

(a)“the Convention” means the United Nations Convention on the Rights of the Child adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989, and

(b)Part 2 sets out the text of the articles of the Protocols referred to in section 1(1)(b) and (c), and

(c)Part 3 sets out the text of the declarations by the United Kingdom to the Convention and the Protocols.

(3)For the purposes of this Measure, the Convention and Protocols are to be treated as having effect—

(a)as set out for the time being in Parts 1 and 2 of the Schedule, but

(b)subject to any declaration or reservation as set out for the time being in Part 3 of the Schedule.

(4)Subsection (5) applies if the United Kingdom has signed or otherwise indicated its agreement to—

(a)an amendment to the Convention or to a protocol for the time being set out in the Schedule, or

(b)an additional protocol to the Convention.

But that subsection does not apply if subsection (7) applies in relation to the amendment or protocol.

(5)The Welsh Ministers may by order make amendments to section 1(1), 8(1), 8(2) or 8(3) of, or the Schedule to, this Measure to reflect—

(a)the amendment or protocol, and

(b)any declaration or reservation by the United Kingdom to the amendment or protocol.

(6)Subsection (7) applies if the United Kingdom has ratified—

(a)an amendment to the Convention or to a protocol for the time being set out in the Schedule, or

(b)an additional protocol to the Convention.

(7)The Welsh Ministers must by order make amendments to section 1(1), 8(1), 8(2) or 8(3) of, or the Schedule to, this Measure to reflect—

(a)the amendment or protocol, and

(b)any declaration or reservation by the United Kingdom to the amendment or protocol.

(8)The Welsh Ministers must by order make amendments to Part 3 of the Schedule to reflect any amendment to or withdrawal of any declaration or reservation for the time being set out in that Part.

9Other interpretive provisions

In this Measure—

“the Assembly” (y Cynulliad) means the National Assembly for Wales;

“child” (plentyn) means a person who has not attained the age of 18;

“enactment” (deddfiad) means—

(i)

Act of Parliament,

(ii)

Measure or Act of the Assembly,

(iii)

subordinate legislation within the meaning of section 21(1) of the Interpretation Act 1978 (c. 30), or

(iv)

subordinate legislation made under any Measure or Act of the Assembly;

“young person” (pobl ifanc) means a person who has attained the age of 18 but not the age of 25.

10Orders

(1)Any order under this Measure is to be made by statutory instrument.

(2)A statutory instrument containing an order under section 6 or 7 must not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the Assembly.

(3)No proceedings may take place in the Assembly for the purpose of approving the draft of an instrument containing an order under section 6 or 7 before the end of the period of 40 days as defined in subsection (6).

(4)A draft of a statutory instrument containing an order under section 8 must be laid before the Assembly before the instrument is made and the instrument must not be made before the end of the period of 40 days as defined in subsection (6).

(5)Section 6(1) of the Statutory Instruments Act 1946 does not apply to a draft of an instrument containing an order under section 8.

(6)For the purposes of subsections (3) and (4), the period of 40 days begins on the day on which the draft instrument is laid before the Assembly, disregarding any time during which the Assembly is dissolved or is in recess for more than four days.

11Commencement

This Measure comes into force at the end of the period of two months beginning on the day on which it is approved by Her Majesty in Council.

12Short title

This Measure may be cited as the Rights of Children and Young Persons (Wales) Measure 2011.

(introduced by section 8)

SCHEDULETHE CONVENTION, PROTOCOLS, DECLARATIONS AND RESERVATIONS

PART 1PART I OF THE CONVENTION

Article 1

For the purposes of the present Convention, a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier.

Article 2

1States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child’s or his or her parent’s or legal guardian’s race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.

2States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the child’s parents, legal guardians, or family members.

Article 3

1In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.

2States Parties undertake to ensure the child such protection and care as is necessary for his or her well-being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and administrative measures.

3States Parties shall ensure that the institutions, services and facilities responsible for the care or protection of children shall conform with the standards established by competent authorities, particularly in the areas of safety, health, in the number and suitability of their staff, as well as competent supervision.

Article 4

States Parties shall undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognized in the present Convention. With regard to economic, social and cultural rights, States Parties shall undertake such measures to the maximum extent of their available resources and, where needed, within the framework of international co-operation.

Article 5

States Parties shall respect the responsibilities, rights and duties of parents or, where applicable, the members of the extended family or community as provided for by local custom, legal guardians or other persons legally responsible for the child, to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the present Convention.

Article 6

1States Parties recognize that every child has the inherent right to life.

2States Parties shall ensure to the maximum extent possible the survival and development of the child.

Article 7

1The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and, as far as possible, the right to know and be cared for by his or her parents.

2States Parties shall ensure the implementation of these rights in accordance with their national law and their obligations under the relevant international instruments in this field, in particular where the child would otherwise be stateless.

Article 8

1States Parties undertake to respect the right of the child to preserve his or her identity, including nationality, name and family relations as recognized by law without unlawful interference.

2Where a child is illegally deprived of some or all of the elements of his or her identity, States Parties shall provide appropriate assistance and protection, with a view to re-establishing speedily his or her identity.

Article 9

1States Parties shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child. Such determination may be necessary in a particular case such as one involving abuse or neglect of the child by the parents, or one where the parents are living separately and a decision must be made as to the child’s place of residence.

2In any proceedings pursuant to paragraph 1 of the present article, all interested parties shall be given an opportunity to participate in the proceedings and make their views known.

3States Parties shall respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the child’s best interests.

4Where such separation results from any action initiated by a State Party, such as the detention, imprisonment, exile, deportation or death (including death arising from any cause while the person is in the custody of the State) of one or both parents or of the child, that State Party shall, upon request, provide the parents, the child or, if appropriate, another member of the family with the essential information concerning the whereabouts of the absent member(s) of the family unless the provision of the information would be detrimental to the well-being of the child. States Parties shall further ensure that the submission of such a request shall of itself entail no adverse consequences for the person(s) concerned.

Article 10

1In accordance with the obligation of States Parties under article 9, paragraph 1, applications by a child or his or her parents to enter or leave a State Party for the purpose of family reunification shall be dealt with by States Parties in a positive, humane and expeditious manner. States Parties shall further ensure that the submission of such a request shall entail no adverse consequences for the applicants and for the members of their family.

2A child whose parents reside in different States shall have the right to maintain on a regular basis, save in exceptional circumstances personal relations and direct contacts with both parents. Towards that end and in accordance with the obligation of States Parties under article 9, paragraph 2, States Parties shall respect the right of the child and his or her parents to leave any country, including their own, and to enter their own country. The right to leave any country shall be subject only to such restrictions as are prescribed by law and which are necessary to protect the national security, public order (ordre public), public health or morals or the rights and freedoms of others and are consistent with the other rights recognized in the present Convention.

Article 11

1States Parties shall take measures to combat the illicit transfer and non-return of children abroad.

2To this end, States Parties shall promote the conclusion of bilateral or multilateral agreements or accession to existing agreements.

Article 12

1States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.

2For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.

Article 13

1The child shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child’s choice.

2The exercise of this right may be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:

(a)for respect of the rights or reputations of others; or

(b)for the protection of national security or of public order (ordre public), or of public health or morals.

Article 14

1States Parties shall respect the right of the child to freedom of thought, conscience and religion.

2States Parties shall respect the rights and duties of the parents and, when applicable, legal guardians, to provide direction to the child in the exercise of his or her right in a manner consistent with the evolving capacities of the child.

3Freedom to manifest one’s religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others.

Article 15

1States Parties recognize the rights of the child to freedom of association and to freedom of peaceful assembly.

2No restrictions may be placed on the exercise of these rights other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.

Article 16

1No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence, nor to unlawful attacks on his or her honour and reputation.

2The child has the right to the protection of the law against such interference or attacks.

Article 17

States Parties recognize the important function performed by the mass media and shall ensure that the child has access to information and material from a diversity of national and international sources, especially those aimed at the promotion of his or her social, spiritual and moral well-being and physical and mental health.

To this end, States Parties shall:

(a)encourage the mass media to disseminate information and material of social and cultural benefit to the child and in accordance with the spirit of article 29;

(b)encourage international co-operation in the production, exchange and dissemination of such information and material from a diversity of cultural, national and international sources;

(c)encourage the production and dissemination of children’s books;

(d)encourage the mass media to have particular regard to the linguistic needs of the child who belongs to a minority group or who is indigenous;

(e)encourage the development of appropriate guidelines for the protection of the child from information and material injurious to his or her well-being, bearing in mind the provisions of articles 13 and 18.

Article 18

1States Parties shall use their best efforts to ensure recognition of the principle that both parents have common responsibilities for the upbringing and development of the child. Parents or, as the case may be, legal guardians, have the primary responsibility for the upbringing and development of the child. The best interests of the child will be their basic concern.

2For the purpose of guaranteeing and promoting the rights set forth in the present Convention, States Parties shall render appropriate assistance to parents and legal guardians in the performance of their child-rearing responsibilities and shall ensure the development of institutions, facilities and services for the care of children.

3States Parties shall take all appropriate measures to ensure that children of working parents have the right to benefit from child-care services and facilities for which they are eligible.

Article 19

1States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.

2Such protective measures should, as appropriate, include effective procedures for the establishment of social programmes to provide necessary support for the child and for those who have the care of the child, as well as for other forms of prevention and for identification, reporting, referral, investigation, treatment and follow-up of instances of child maltreatment described heretofore, and, as appropriate, for judicial involvement.

Article 20

1A child temporarily or permanently deprived of his or her family environment, or in whose own best interests cannot be allowed to remain in that environment, shall be entitled to special protection and assistance provided by the State.

2States Parties shall in accordance with their national laws ensure alternative care for such a child.

3Such care could include, inter alia, foster placement, kafalah of Islamic law, adoption or if necessary placement in suitable institutions for the care of children. When considering solutions, due regard shall be paid to the desirability of continuity in a child’s upbringing and to the child’s ethnic, religious, cultural and linguistic background.

Article 21

States Parties that recognize and/or permit the system of adoption shall ensure that the best interests of the child shall be the paramount consideration and they shall:

(a)ensure that the adoption of a child is authorized only by competent authorities who determine, in accordance with applicable law and procedures and on the basis of all pertinent and reliable information, that the adoption is permissible in view of the child’s status concerning parents, relatives and legal guardians and that, if required, the persons concerned have given their informed consent to the adoption on the basis of such counselling as may be necessary;

(b)recognize that inter-country adoption may be considered as an alternative means of child’s care, if the child cannot be placed in a foster or an adoptive family or cannot in any suitable manner be cared for in the child’s country of origin;

(c)ensure that the child concerned by inter-country adoption enjoys safeguards and standards equivalent to those existing in the case of national adoption;

(d)take all appropriate measures to ensure that, in inter-country adoption, the placement does not result in improper financial gain for those involved in it;

(e)promote, where appropriate, the objectives of the present article by concluding bilateral or multilateral arrangements or agreements, and endeavour, within this framework, to ensure that the placement of the child in another country is carried out by competent authorities or organs.

Article 22

1States Parties shall take appropriate measures to ensure that a child who is seeking refugee status or who is considered a refugee in accordance with applicable international or domestic law and procedures shall, whether unaccompanied or accompanied by his or her parents or by any other person, receive appropriate protection and humanitarian assistance in the enjoyment of applicable rights set forth in the present Convention and in other international human rights or humanitarian instruments to which the said States are Parties.

2For this purpose, States Parties shall provide, as they consider appropriate, co-operation in any efforts by the United Nations and other competent intergovernmental organizations or non-governmental organizations co-operating with the United Nations to protect and assist such a child and to trace the parents or other members of the family of any refugee child in order to obtain information necessary for reunification with his or her family. In cases where no parents or other members of the family can be found, the child shall be accorded the same protection as any other child permanently or temporarily deprived of his or her family environment for any reason, as set forth in the present Convention.

Article 23

1States Parties recognize that a mentally or physically disabled child should enjoy a full and decent life, in conditions which ensure dignity, promote self-reliance and facilitate the child’s active participation in the community.

2States Parties recognize the right of the disabled child to special care and shall encourage and ensure the extension, subject to available resources, to the eligible child and those responsible for his or her care, of assistance for which application is made and which is appropriate to the child’s condition and to the circumstances of the parents or others caring for the child.

3Recognizing the special needs of a disabled child, assistance extended in accordance with paragraph 2 of the present article shall be provided free of charge, whenever possible, taking into account the financial resources of the parents or others caring for the child, and shall be designed to ensure that the disabled child has effective access to and receives education, training, health care services, rehabilitation services, preparation for employment and recreation opportunities in a manner conducive to the child’s achieving the fullest possible social integration and individual development, including his or her cultural and spiritual development

4States Parties shall promote, in the spirit of international cooperation, the exchange of appropriate information in the field of preventive health care and of medical, psychological and functional treatment of disabled children, including dissemination of and access to information concerning methods of rehabilitation, education and vocational services, with the aim of enabling States Parties to improve their capabilities and skills and to widen their experience in these areas. In this regard, particular account shall be taken of the needs of developing countries.

Article 24

1States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall strive to ensure that no child is deprived of his or her right of access to such health care services.

2States Parties shall pursue full implementation of this right and, in particular, shall take appropriate measures:

(a)to diminish infant and child mortality;

(b)to ensure the provision of necessary medical assistance and health care to all children with emphasis on the development of primary health care;

(c)to combat disease and malnutrition, including within the framework of primary health care, through, inter alia, the application of readily available technology and through the provision of adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of environmental pollution;

(e)to ensure that all segments of society, in particular parents and children, are informed, have access to education and are supported in the use of basic knowledge of child health and nutrition, the advantages of breastfeeding, hygiene and environmental sanitation and the prevention of accidents;

3States Parties shall take all effective and appropriate measures with a view to abolishing traditional practices prejudicial to the health of children.

4States Parties undertake to promote and encourage international co-operation with a view to achieving progressively the full realization of the right recognized in the present article. In this regard, particular account shall be taken of the needs of developing countries.

Article 25

States Parties recognize the right of a child who has been placed by the competent authorities for the purposes of care, protection or treatment of his or her physical or mental health, to a periodic review of the treatment provided to the child and all other circumstances relevant to his or her placement.

Article 26

1States Parties shall recognize for every child the right to benefit from social security, including social insurance, and shall take the necessary measures to achieve the full realization of this right in accordance with their national law.

2The benefits should, where appropriate, be granted, taking into account the resources and the circumstances of the child and persons having responsibility for the maintenance of the child, as well as any other consideration relevant to an application for benefits made by or on behalf of the child.

Article 27

1States Parties recognize the right of every child to a standard of living adequate for the child’s physical, mental, spiritual, moral and social development.

2The parent(s) or others responsible for the child have the primary responsibility to secure, within their abilities and financial capacities, the conditions of living necessary for the child’s development.

3States Parties, in accordance with national conditions and within their means, shall take appropriate measures to assist parents and others responsible for the child to implement this right and shall in case of need provide material assistance and support programmes, particularly with regard to nutrition, clothing and housing.

4States Parties shall take all appropriate measures to secure the recovery of maintenance for the child from the parents or other persons having financial responsibility for the child, both within the State Party and from abroad. In particular, where the person having financial responsibility for the child lives in a State different from that of the child, States Parties shall promote the accession to international agreements or the conclusion of such agreements, as well as the making of other appropriate arrangements.

Article 28

1States Parties recognize the right of the child to education, and with a view to achieving this right progressively and on the basis of equal opportunity, they shall, in particular:

(a)make primary education compulsory and available free to all;

(b)encourage the development of different forms of secondary education, including general and vocational education, make them available and accessible to every child, and take appropriate measures such as the introduction of free education and offering financial assistance in case of need;

(c)make higher education accessible to all on the basis of capacity by every appropriate means;

(d)make educational and vocational information and guidance available and accessible to all children;

(e)take measures to encourage regular attendance at schools and the reduction of drop-out rates.

2States Parties shall take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child’s human dignity and in conformity with the present Convention.

3States Parties shall promote and encourage international cooperation in matters relating to education, in particular with a view to contributing to the elimination of ignorance and illiteracy throughout the world and facilitating access to scientific and technical knowledge and modern teaching methods. In this regard, particular account shall be taken of the needs of developing countries.

Article 29

1States Parties agree that the education of the child shall be directed to:

(a)the development of the child’s personality, talents and mental and physical abilities to their fullest potential;

(b)the development of respect for human rights and fundamental freedoms, and for the principles enshrined in the Charter of the United Nations;

(c)the development of respect for the child’s parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate, and for civilizations different from his or her own;

(d)the preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin;

(e)the development of respect for the natural environment.

2No part of the present article or article 28 shall be construed so as to interfere with the liberty of individuals and bodies to establish and direct educational institutions, subject always to the observance of the principle set forth in paragraph 1 of the present article and to the requirements that the education given in such institutions shall conform to such minimum standards as may be laid down by the State.

Article 30

In those States in which ethnic, religious or linguistic minorities or persons of indigenous origin exist, a child belonging to such a minority or who is indigenous shall not be denied the right, in community with other members of his or her group, to enjoy his or her own culture, to profess and practise his or her own religion, or to use his or her own language.

Article 31

1States Parties recognize the right of the child to rest and leisure, to engage in play and recreational activities appropriate to the age of the child and to participate freely in cultural life and the arts.

2States Parties shall respect and promote the right of the child to participate fully in cultural and artistic life and shall encourage the provision of appropriate and equal opportunities for cultural, artistic, recreational and leisure activity.

Article 32

1States Parties recognize the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral or social development.

2States Parties shall take legislative, administrative, social and educational measures to ensure the implementation of the present article. To this end, and having regard to the relevant provisions of other international instruments, States Parties shall in particular:

(a)provide for a minimum age or minimum ages for admission to employment;

(b)provide for appropriate regulation of the hours and conditions of employment;

(c)provide for appropriate penalties or other sanctions to ensure the effective enforcement of the present article.

Article 33

States Parties shall take all appropriate measures, including legislative, administrative, social and educational measures, to protect children from the illicit use of narcotic drugs and psychotropic substances as defined in the relevant international treaties, and to prevent the use of children in the illicit production and trafficking of such substances.

Article 34

States Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse. For these purposes, States Parties shall in particular take all appropriate national, bilateral and multilateral measures to prevent:

(a)the inducement or coercion of a child to engage in any unlawful sexual activity;

(b)the exploitative use of children in prostitution or other unlawful sexual practices;

(c)the exploitative use of children in pornographic performances and materials.

Article 35

States Parties shall take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of or traffic in children for any purpose or in any form.

Article 36

States Parties shall protect the child against all other forms of exploitation prejudicial to any aspects of the child’s welfare.

Article 37

States Parties shall ensure that:

(a)no child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age;

(b)no child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time;

(c)every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age. In particular, every child deprived of liberty shall be separated from adults unless it is considered in the child’s best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances;

(d)every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action.

Article 38

1States Parties undertake to respect and to ensure respect for rules of international humanitarian law applicable to them in armed conflicts which are relevant to the child.

2States Parties shall take all feasible measures to ensure that persons who have not attained the age of fifteen years do not take a direct part in hostilities.

3States Parties shall refrain from recruiting any person who has not attained the age of fifteen years into their armed forces. In recruiting among those persons who have attained the age of fifteen years but who have not attained the age of eighteen years, States Parties shall endeavour to give priority to those who are oldest.

4In accordance with their obligations under international humanitarian law to protect the civilian population in armed conflicts, States Parties shall take all feasible measures to ensure protection and care of children who are affected by an armed conflict.

Article 39

States Parties shall take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of: any form of neglect, exploitation, or abuse; torture or any other form of cruel, inhuman or degrading treatment or punishment; or armed conflicts. Such recovery and reintegration shall take place in an environment which fosters the health, self-respect and dignity of the child.

Article 40

1States Parties recognize the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child’s sense of dignity and worth, which reinforces the child’s respect for the human rights and fundamental freedoms of others and which takes into account the child’s age and the desirability of promoting the child’s reintegration and the child’s assuming a constructive role in society.

2To this end, and having regard to the relevant provisions of international instruments, States Parties shall, in particular, ensure that:

(a)no child shall be alleged as, be accused of, or recognized as having infringed the penal law by reason of acts or omissions that were not prohibited by national or international law at the time they were committed;

(b)every child alleged as or accused of having infringed the penal law has at least the following guarantees:

(i)to be presumed innocent until proven guilty according to law;

(ii)to be informed promptly and directly of the charges against him or her, and, if appropriate, through his or her parents or legal guardians, and to have legal or other appropriate assistance in the preparation and presentation of his or her defence;

(iii)to have the matter determined without delay by a competent, independent and impartial authority or judicial body in a fair hearing according to law, in the presence of legal or other appropriate assistance and, unless it is considered not to be in the best interest of the child, in particular, taking into account his or her age or situation, his or her parents or legal guardians;

(iv)not to be compelled to give testimony or to confess guilt; to examine or have examined adverse witnesses and to obtain the participation and examination of witnesses on his or her behalf under conditions of equality;

(v)if considered to have infringed the penal law, to have this decision and any measures imposed in consequence thereof reviewed by a higher competent, independent and impartial authority or judicial body according to law;

(vi)to have the free assistance of an interpreter if the child cannot understand or speak the language used;

(vii)to have his or her privacy fully respected at all stages of the proceedings.

3States Parties shall seek to promote the establishment of laws, procedures, authorities and institutions specifically applicable to children alleged as, accused of, or recognized as having infringed the penal law, and, in particular:

(a)the establishment of a minimum age below which children shall be presumed not to have the capacity to infringe the penal law;

(b)whenever appropriate and desirable, measures for dealing with such children without resorting to judicial proceedings, providing that human rights and legal safeguards are fully respected.

4A variety of dispositions, such as care, guidance and supervision orders; counselling; probation; foster care; education and vocational training programmes and other alternatives to institutional care shall be available to ensure that children are dealt with in a manner appropriate to their well-being and proportionate both to their circumstances and the offence.

Article 41

Nothing in the present Convention shall affect any provisions which are more conducive to the realization of the rights of the child and which may be contained in:

(a)the law of a State party; or

(b)international law in force for that State.

PART 2PROTOCOLS

OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF THE CHILD ON THE INVOLVEMENT OF CHILDREN IN ARMED CONFLICT

Article 1

States Parties shall take all feasible measures to ensure that members of their armed forces who have not attained the age of 18 years do not take a direct part in hostilities.

Article 2

States Parties shall ensure that persons who have not attained the age of 18 years are not compulsorily recruited into their armed forces.

Article 3

1States Parties shall raise the minimum age for the voluntary recruitment of persons into their national armed forces from that set out in article 38, paragraph 3, of the Convention on the Rights of the Child, taking account of the principles contained in that article and recognizing that under the Convention persons under the age of 18 years are entitled to special protection.

2Each State Party shall deposit a binding declaration upon ratification of or accession to this Protocol that sets forth the minimum age at which it will permit voluntary recruitment into its national armed forces and a description of the safeguards that it has adopted to ensure that such recruitment is not forced or coerced.

3States Parties that permit voluntary recruitment into their national armed forces under the age of 18 years shall maintain safeguards to ensure, as a minimum, that:

(a)such recruitment is genuinely voluntary;

(b)such recruitment is done with the informed consent of the person’s parents or legal guardians;

(c)such persons are fully informed of the duties involved in such military service;

(d)such persons provide reliable proof of age prior to acceptance into national military service.

4Each State Party may strengthen its declaration at any time by notification to that effect addressed to the Secretary-General of the United Nations, who shall inform all States Parties. Such notification shall take effect on the date on which it is received by the Secretary-General.

5The requirement to raise the age in paragraph 1 of the present article does not apply to schools operated by or under the control of the armed forces of the States Parties, in keeping with articles 28 and 29 of the Convention on the Rights of the Child.

Article 4

1Armed groups that are distinct from the armed forces of a State should not, under any circumstances, recruit or use in hostilities persons under the age of 18 years.

2States Parties shall take all feasible measures to prevent such recruitment and use, including the adoption of legal measures necessary to prohibit and criminalize such practices.

3The application of the present article under this Protocol shall not affect the legal status of any party to an armed conflict.

Article 5

Nothing in the present Protocol shall be construed as precluding provisions in the law of a State Party or in international instruments and international humanitarian law that are more conducive to the realization of the rights of the child.

Article 6

1Each State Party shall take all necessary legal, administrative and other measures to ensure the effective implementation and enforcement of the provisions of this Protocol within its jurisdiction.

2…

3States Parties shall take all feasible measures to ensure that persons within their jurisdiction recruited or used in hostilities contrary to the present Protocol are demobilized or otherwise released from service. States Parties shall, when necessary, accord to these persons all appropriate assistance for their physical and psychological recovery and their social reintegration.

Article 7

1States Parties shall cooperate in the implementation of the present Protocol, including in the prevention of any activity contrary to the Protocol and in the rehabilitation and social reintegration of persons who are victims of acts contrary to this Protocol, including through technical cooperation and financial assistance. Such assistance and cooperation will be undertaken in consultation with concerned States Parties and relevant international organizations.

2States Parties in a position to do so shall provide such assistance through existing multilateral, bilateral or other programmes or, inter alia, through a voluntary fund established in accordance with the rules of the General Assembly.

OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF THE CHILD ON THE SALE OF CHILDREN, CHILD PROSTITUTION AND CHILD PORNOGRAPHY

Article 1

States Parties shall prohibit the sale of children, child prostitution and child pornography as provided for by the present Protocol.

Article 2

For the purpose of the present Protocol:

(a)sale of children means any act or transaction whereby a child is transferred by any person or group of persons to another for remuneration or any other consideration;

(b)child prostitution means the use of a child in sexual activities for remuneration or any other form of consideration;

(c)child pornography means any representation, by whatever means, of a child engaged in real or simulated explicit sexual activities or any representation of the sexual parts of a child for primarily sexual purposes.

Article 3

1Each State Party shall ensure that, as a minimum, the following acts and activities are fully covered under its criminal or penal law, whether these offences are committed domestically or transnationally or on an individual or organized basis:

(a)in the context of sale of children as defined in article 2:

(i)the offering, delivering or accepting, by whatever means, a child for the purpose of:

a.sexual exploitation of the child;

b.transfer of organs of the child for profit;

c.engagement of the child in forced labour;

(ii)improperly inducing consent, as an intermediary, for the adoption of a child in violation of applicable international legal instruments on adoption;

(b)offering, obtaining, procuring or providing a child for child prostitution, as defined in article 2;

2Subject to the provisions of a State Party’s national law, the same shall apply to an attempt to commit any of these acts and to complicity or participation in any of these acts.

3Each State Party shall make these offences punishable by appropriate penalties that take into account their grave nature.

4Subject to the provisions of its national law, each State Party shall take measures, where appropriate, to establish the liability of legal persons for offences established in paragraph 1 of the present article. Subject to the legal principles of the State Party, this liability of legal persons may be criminal, civil or administrative.

5States Parties shall take all appropriate legal and administrative measures to ensure that all persons involved in the adoption of a child act in conformity with applicable international legal instruments.

Article 4

1Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences referred to in article 3, paragraph 1, when the offences are committed in its territory or on board a ship or aircraft registered in that State.

2Each State Party may take such measures as may be necessary to establish its jurisdiction over the offences referred to in article 3, paragraph 1, in the following cases:

(a)when the alleged offender is a national of that State or a person who has his habitual residence in its territory;

(b)when the victim is a national of that State.

3Each State Party shall also take such measures as may be necessary to establish its jurisdiction over the above-mentioned offences when the alleged offender is present in its territory and it does not extradite him or her to another State Party on the ground that the offence has been committed by one of its nationals.

4This Protocol does not exclude any criminal jurisdiction exercised in accordance with internal law.

Article 5

1The offences referred to in article 3, paragraph 1, shall be deemed to be included as extraditable offences in any extradition treaty existing between States Parties and shall be included as extraditable offences in every extradition treaty subsequently concluded between them, in accordance with the conditions set forth in such treaties.

2If a State Party that makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, it may consider this Protocol as a legal basis for extradition in respect of such offences. Extradition shall be subject to the conditions provided by the law of the requested State.

3States Parties that do not make extradition conditional on the existence of a treaty shall recognize such offences as extraditable offences between themselves subject to the conditions provided by the law of the requested State.

4Such offences shall be treated, for the purpose of extradition between States Parties, as if they had been committed not only in the place in which they occurred but also in the territories of the States required to establish their jurisdiction in accordance with article 4.

5If an extradition request is made with respect to an offence described in article 3, paragraph 1, and if the requested State Party does not or will not extradite on the basis of the nationality of the offender, that State shall take suitable measures to submit the case to its competent authorities for the purpose of prosecution.

Article 6

1States Parties shall afford one another the greatest measure of assistance in connection with investigations or criminal or extradition proceedings brought in respect of the offences set forth in article 3, paragraph 1, including assistance in obtaining evidence at their disposal necessary for the proceedings.

2States Parties shall carry out their obligations under paragraph 1 of the present article in conformity with any treaties or other arrangements on mutual legal assistance that may exist between them. In the absence of such treaties or arrangements, States Parties shall afford one another assistance in accordance with their domestic law.

Article 7

States Parties shall, subject to the provisions of their national law:

(a)take measures to provide for the seizure and confiscation, as appropriate, of:

(i)goods, such as materials, assets and other instrumentalities used to commit or facilitate offences under the present Protocol;

(ii)proceeds derived from such offences;

(b)execute requests from another State Party for seizure or confiscation of goods or proceeds referred to in subparagraph (a)(i);

(c)take measures aimed at closing, on a temporary or definitive basis, premises used to commit such offences.

Article 8

1States Parties shall adopt appropriate measures to protect the rights and interests of child victims of the practices prohibited under the present Protocol at all stages of the criminal justice process, in particular by:

(a)recognizing the vulnerability of child victims and adapting procedures to recognize their special needs, including their special needs as witnesses;

(b)informing child victims of their rights, their role and the scope, timing and progress of the proceedings and of the disposition of their cases;

(c)allowing the views, needs and concerns of child victims to be presented and considered in proceedings where their personal interests are affected, in a manner consistent with the procedural rules of national law;

(d)providing appropriate support services to child victims throughout the legal process;

(e)protecting, as appropriate, the privacy and identity of child victims and taking measures in accordance with national law to avoid the inappropriate dissemination of information that could lead to the identification of child victims;

(f)providing, in appropriate cases, for the safety of child victims, as well as that of their families and witnesses on their behalf, from intimidation and retaliation;

(g)avoiding unnecessary delay in the disposition of cases and the execution of orders or decrees granting compensation to child victims.

2States Parties shall ensure that uncertainty as to the actual age of the victim shall not prevent the initiation of criminal investigations, including investigations aimed at establishing the age of the victim.

3States Parties shall ensure that, in the treatment by the criminal justice system of children who are victims of the offences described in the present Protocol, the best interest of the child shall be a primary consideration.

4States Parties shall take measures to ensure appropriate training, in particular legal and psychological training, for the persons who work with victims of the offences prohibited under the present Protocol.

5States Parties shall, in appropriate cases, adopt measures in order to protect the safety and integrity of those persons and/or organizations involved in the prevention and/or protection and rehabilitation of victims of such offences.

6Nothing in the present article shall be construed to be prejudicial to or inconsistent with the rights of the accused to a fair and impartial trial.

Article 9

1States Parties shall adopt or strengthen, implement and disseminate laws, administrative measures, social policies and programmes to prevent the offences referred to in the present Protocol. Particular attention shall be given to protect children who are especially vulnerable to these practices.

2States Parties shall promote awareness in the public at large, including children, through information by all appropriate means, education and training, about the preventive measures and harmful effects of the offences referred to in the present Protocol. In fulfilling their obligations under this article, States Parties shall encourage the participation of the community and, in particular, children and child victims, in such information and education and training programmes, including at the international level.

3States Parties shall take all feasible measures with the aim of ensuring all appropriate assistance to victims of such offences, including their full social reintegration and their full physical and psychological recovery.

4States Parties shall ensure that all child victims of the offences described in the present Protocol have access to adequate procedures to seek, without discrimination, compensation for damages from those legally responsible.

5States Parties shall take appropriate measures aimed at effectively prohibiting the production and dissemination of material advertising the offences described in the present Protocol.

Article 10

1States Parties shall take all necessary steps to strengthen international cooperation by multilateral, regional and bilateral arrangements for the prevention, detection, investigation, prosecution and punishment of those responsible for acts involving the sale of children, child prostitution, child pornography and child sex tourism. States Parties shall also promote international cooperation and coordination between their authorities, national and international non-governmental organizations and international organizations.

2States Parties shall promote international cooperation to assist child victims in their physical and psychological recovery, social reintegration and repatriation.

3States Parties shall promote the strengthening of international cooperation in order to address the root causes, such as poverty and underdevelopment, contributing to the vulnerability of children to the sale of children, child prostitution, child pornography and child sex tourism.

4States Parties in a position to do so shall provide financial, technical or other assistance through existing multilateral, regional, bilateral or other programmes.

PART 3DECLARATIONS AND RESERVATIONS

Declarations

(a)The United Kingdom interprets the Convention as applicable only following a live birth.

(b)The United Kingdom interprets the references in the Convention to “parents” to mean only those persons who, as a matter of national law, are treated as parents. This includes cases where the law regards a child as having only one parent, for example where a child has been adopted by one person only and in certain cases where a child is conceived other than as a result of sexual intercourse by the woman who gives birth to it and she is treated as the only parent.

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